Deadlines in the Opposition Processes in Central America

By Nadya León

What is it and What is a commercial badge for??

A distinctive commercial sign may consist of a brand, name or commercial expression or emblem and serves to protect that name or design with which companies or natural persons wish to identify their products, services and their establishments. These distinctive signs must be registered with the respective Intellectual Property Offices of each country.

What obstacles could affect and lengthen the normal trademark registration process?

Within the normal registration process there are stages within which is the publication phase. Once the trademark offices have examined the application that meets the requirements of the law, they issue a notice or edict for publication in the official newspapers or bulletins of each country, so that any interested party can file an opposition on the grounds that a trademark , trade name, emblem or expression of commercial advertising requested is similar or identical to a commercial distinctive already registered or previously requested. It is possible that an incumbent receives one or more oppositions within this phase.

The oppositions have a process and deadlines that must be met, which could lengthen the registration process. In this sense, it is important to take into account the deadlines for presenting and answering oppositions in the different countries of Central America.

What happens if I see in a national newspaper or in the official newspaper that a brand has been published that is similar to mine?

The trademark would be in the publication phase so that any interested party can file an opposition to avoid the registration of a trademark similar or identical to a commercial distinctive already registered or previously requested. It is possible that an incumbent receives one or more oppositions within this phase.

Oppositions have a process and deadlines that must be met in order to prevent trademarks from being registered that affect previously acquired intellectual property rights. In this sense, it is important to take into account the deadlines for presenting and answering oppositions in the different countries of Central America.

Deadline to file oppositions:

• Guatemala, The Savior, Nicaragua, Costa Rica, Panama: 2 months counted from the date of the 1st publication of the edict in the Official Gazette or Gazette of each country
• Honduras: During its publication period (three continuous publications with intervals of 10 days), and up to 30 business days later, counted from the date of the last publication of the edict in The Official Gazette La Gaceta.

 

Qloop to present evidence in oppositions:

*Guatemala: 2 months from notification of the hearing to open evidence.

* The Savior: 2 months from the presentation of the opposition.

*Honduras: 30-45 business days after the opposition is submitted. Once notified of the probationary period, the Trademark Office grants a period between 10 business days (minimum) to 20 business days (maximum).

*Nicaragua: 30 business days following the date of submission of the opposition or opposition response.

*Costa Rica: 30 days following the date of submission of the opposition.

*Panama: With the answer to the claim or during the hearing, which usually takes place at least 2 or 3 months after the claim has been duly answered.

 

Deadline to answer oppositions:

• Guatemala, The Savior, Nicaragua, Costa Rica: 2 months from the moment in which the opposition is notified to the applicant for registration of the commercial distinctive
• Honduras: 10 business days counted from the day after the opposition is notified to the applicant for registration of the commercial distinctive. This period can be extended at the request of the interested party for an additional 5 days.
• Panama:10 business days counted from the day after the opposition is notified to the applicant for registration of the commercial distinctive. This period can be extended at the request of the interested party for an additional 5 days.

We remind you that we can assist you in your opposition procedures both in El Salvador and in the rest of the Central American countries. If you want more information, do not hesitate to contact us at the following email nadya@romeropineda.com.